Can I file I-485 while I-140 is pending?

I-140
January 01, 2026
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Answer

No, you cannot file I-485 while I-140 is pending unless:

  • You are EB-1 (extraordinary ability, outstanding professor, multinational executive)
  • Your priority date is current in Visa Bulletin
  • You file concurrently (I-140 and I-485 together)

For EB-2/EB-3: Must wait for I-140 approval and priority date to become current before filing I-485.

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